"Domestic violence" or "domestic abuse" may be a common criminal charge in California. Easy arguments usually escalate into domestic violence allegations. Domestic violence is sometimes charged under Penal Code 273.five or Penal Code 243(e). This article focuses on domestic violence charges beneath Penal Code 273.5.
It's crucial for anyone accused of domestic violence to have a basic understanding of domestic violence law, as well as how a prosecutor tries to prove domestic violence; punishments for domestic violence; and defenses to domestic violence allegations.
What is required to prove domestic violence? The prosecution must usually prove the following facts to seek out a defendant guilty of domestic violence under Penal Code 273.5: (one) defendant abused a spouse, former spouse, a current or former live-in girlfriend or boyfriend, or the mother or father of the defendant's kid; (two) the defendant used intentional (non-accidental) force to cause the abuse; and (three) the victim suffered some form of visible injury, even if the visible injury is small.
What are common defenses to domestic violence charges? While any domestic violence charge should be evaluated on its specific facts, in several cases there are sturdy defenses to a domestic violence charge, as well as: (one) false accusations - domestic arguments usually end in false accusations of domestic violence; (2) self defense - it's not domestic abuse when somebody uses cheap self defense to guard himself from a domestic attack; and (three) accident - it is not domestic abuse when someone does not deliberately do an act to cause injury to a spouse or domestic partner.
What's the punishment for a domestic violence charge? Penal Code 273.5 is a "wobbler", meaning that it will be charged as a misdemeanor or as a felony. If charged as a misdemeanor, it's punishable by up to one year in county jail and a $six,000 fine, or both. If charged as a felony, it is punishable by 2, 3 or four years during a state prison, a $half-dozen,000 fine, or both. The prosecutor can commit to charge Penal Code 273.five as a misdemeanor or as a felony based mostly primarily on the extent of the victim's injuries.
I hope this article has been helpful.
Sincerely,
Garret Weinrieb, Esq.
Valerio | Weinrieb Criminal Defense Attorneys
(note: Info contained at intervals this article is meant for general data functions solely and is not, nor is it intended to be, legal advice for a person case or situation. The information contained at intervals this article isn't supposed to make an attorney-client relationship and use of this text, and any info contained herein, does not constitute such a relationship.)
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